Bill > S0095

This bill establishes a legal mechanism called "standby guardianship" specifically designed to protect children whose parents have been subject to adverse immigration actions. The legislation defines "adverse immigration actions" broadly, including arrests, detentions, deportations, visa denials, and other immigration-related interventions by federal authorities that could render a parent unable to care for their child. Under this bill, a custodial parent can proactively create a consensual guardianship agreement with a chosen guardian, which would become effective if the parent is detained or removed. The guardianship petition must include detailed information about the child, proposed guardian, and reasons for the guardianship, and must be accompanied by the parent's voluntary consent. The court will grant the guardianship if it finds that the child needs care, the parents have knowingly consented, reasonable efforts were made to notify the parent, and the guardianship is in the child's best interests. The bill includes provisions to ensure the guardian's responsibilities, the parent's continued involvement where possible, and a presumptive termination of the guardianship if the parent is released and reunited with the child. This legislation aims to provide a stable, legal mechanism to protect children's welfare during potential immigration enforcement actions that could suddenly separate families.

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https://legislature.vermont.gov/bill/status/2026/S.95